CRAWFORD v. POPE &AMP; TALBOT

United States District Court, Eastern District of Pennsylvania

March 27, 1952

CRAWFORDv.POPE &AMP; TALBOT, INC.

The opinion of the court was delivered by: Clary, District Judge.

This is a companion case to the case of Lucibello v. Pope and
Talbot, Inc., D.C., 103 F. Supp. 411. The discussion in the
opinion in that case filed concurrently herewith is equally
applicable to the facts of this case. I have found that the
respondent is liable for damages because of the unseaworthy
condition of the vessel in that its lighting system was defective
and that it was guilty of negligence in failing to provide a safe
place to work. To the extent that the facts in this case differ
from the Lucibello case, the differences will be reflected in the
following findings of fact and conclusions of law.

Findings of Fact

I adopt as my findings of fact the following requests of
libellant for findings of fact: Nos. 1 to 16 inclusive, 18 to 20
inclusive, and 22.

I also make the following findings of fact in lieu of those
requested by the libellant and not affirmed.

17. In the afternoon of February 12, 1950, while National's
employees were working in the forward or No. 1 deep tanks, the
ship ran steam into the pipes in the after or No. 2 tanks. This
caused the kerosene, which had been recently freely applied to
these pipes, to vaporize and create a foggy misty condition in
the air of the lower hold with acrid fumes irritating to the
eyes. No notice of this, before or after it was done, was given
to National's employees generally or the libellant specifically.

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